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Home My WebLink About05_Newport Harbor Lutheran Church Annual DA Review_PA2009-137 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 26, 2019 CgGIFOaN% Agenda Item No. 5 SUBJECT: Annual Review of the Development Agreement for Newport Harbor Lutheran Church (PA2009-137) • Development Agreement No. 10 SITE LOCATION: 798 Dover Drive APPLICANT: Newport Harbor Lutheran Church PLANNER: Patrick Achis, Planning Technician 949-644-3237, pachis(o(<7newportbeachca.gov LAND USE AND ZONING • General Plan Land Use Plan Category: Private Institutions • Zoning District : PC-2 (Newport Harbor Lutheran Church) PROJECT SUMMARY An annual review of Development Agreement No. 10 (DA) for Newport Harbor Lutheran Church (Church), pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The Development Agreement was executed in 1997, and it vested development rights for the expansion of Church facilities, addressed parking for the Church, and required the conveyance of park land to the City. The Zoning Administrator will review the Church's good faith compliance with the provisions of the Development Agreement. RECOMMENDATION 1) Conduct a public hearing; 2) Find the annual review is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. 3) Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No.10; and 4) Receive and file the Annual Report of Development Agreement for Newport Harbor Lutheran Church (Attachment No. ZA 2). 1 Annual Review of the DA for Newport Harbor Lutheran Church (PA2009-137) Zoning Administrator, September 26, 2019 Page 2 DISCUSSION Newport Beach Municipal Code Section 15.45.080 requires the City to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review should be conducted at least once every 12 months. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the Zoning Administrator find that the applicant has not complied in good faith with the agreement; the Zoning Administrator should refer the matter to the City Council. Background On June 23, 1997, the City Council adopted Ordinance No. 97-22 approving Development Agreement No. 10 between the City of Newport Beach and the Newport Harbor Lutheran Church, and the ordinance became effective on July 24, 1997. As part of the City Council's approval of the DA, the following requests were also approved: General Plan Amendment No. 95-2(E), Local Coastal Program Amendment No. 47, and Planning Commission Amendment No. 860 for the adoption of Planned Community District Regulations for the Church. The term of the DA is for a period of 25 years and will be in effect to the year of 2022. The DA is available online at: http://www.newportbeachca.gov/developmenta-greements. At the last annual review on September 11, 2014, the Zoning Administrator found the Church to be in good faith compliance with the DA. Since the last review, there have not been any substantive changes to the development density or intensity. Terms and Conditions The Church is subject to the terms and conditions specified in the DA. The purpose of the DA is to: • Grant vested development rights of 40,000 square feet to the Church for the future expansion of its facilities and uses on Church property; . Provide for the Church's conveyance to the City of approximately 0.65 acres of Church property for use as a public parking facility to serve Bob Henry Park and Castaways Park, in consideration of the City's conveyance of 0.65 acres of City property to the Church; • Provide for the construction of parking areas and other improvements on the Church property to replace existing parking spaces located on the property conveyed to the City; and Tmplt:07/25/19 Annual Review of the DA for Newport Harbor Lutheran Church (PA2009-137) Zoning Administrator, September 26, 2019 Page 3 • Restore or replace other Church improvements impacted by the City's project and/or in consideration for the exchange of property. To date, the terms and conditions of the DA have been implemented and/or accomplished except for the planned expansion of the Church. When the DA was approved, the Church was approximately 14,232 square feet, and the remaining unbuilt entitlement was 25,768 square feet. On July 13, 2011, the City authorized the temporary placement of three modular classrooms until July 13, 2017, pursuant to Limited Term Permit No. XP2011- 003. On December 17, 2018, the City granted an extension for the limited term permit, authorizing the modular classrooms to be retained until July 23, 2022, after which no further extension is possible. The Church has expressed interest in pursuing action in the near future to make the three existing temporary modular classrooms permanent and to convert an existing office space into additional classrooms, though the City has not yet received an associated application submittal. All developmental and operational requests by the Church will be processed subject to the conditions prescribed in Development Agreement No. 10 and the Newport Beach Municipal Code. Annual Review No planning applications have been submitted and no building construction has been completed since the last DA review. After reviewing the Annual Report (Attachment No. ZA 2) and applicable documents, staff believes that Church continues to comply in good faith with terms and conditions of the DA. ENVIRONMENTAL REVIEW This project is exempt from CEQA pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. PUBLIC NOTICE Notice of this review was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: TmpIC.07/25/19 Annual Review of the DA for Newport Harbor Lutheran Church (PA2009-137) Zoning Administrator, September 26, 2019 Page 4 An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Patrick Achis Planning Technician cc/pa Attachments: ZA 1 Vicinity Map ZA 2 Newport Harbor Lutheran Church Development Agreement Annual Report Tmplt:07/25/19 /I 'Y Attachment No. ZA 1 Vicinity Map 5 VICINITY MAP - sr �'a � r �,.. "•'.�. GpSSP�PyS NORiH y �►.PE ANDOVER cg a+-s to 8 ST�gM RD Subject Property v" ysj y r, 1 'QP o'r � !> 0 Lower ,, f astgwlv� I.Y NGS ao Par R, . .•. nY Annual Review of Development Agreement No. 10 Newport Harbor Lutheran Church (PA2009-137) 798 Dover Drive Attachment No. ZA 3 Newport Harbor Lutheran Church Development Agreement Annual Report NEWPORT HARBOR June 11, 2019 City of Newport Beach (CNB) Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Subject: Status of Existing/Future School Building Usage Dear CNB; This letter is submitted as part of a prior years, and annual update/review provided you in accordance with the terms and conditions listed in the 1997 Development Agreement 10 between Newport Harbor Lutheran Church (NHLC) and the CNB. (1) Since 2014, there have not been any structural changes/modifications to the 3 modular buildings that are on our property. (2) The current/near-term items of interest to both parties are as follows: A. NHLC is currently coordinating with CNB seeking to make the 3 portable buildings permanent. Once sign-off of the completion of building permanence requirements has been attained we will pursue the proper licensing certifications from CNB (to maintain future operational use of these structures). We project completion by September 30, 2019; B. NHLC is currently in coordination with CNB seeking to potentially convert existing office space (15` floor of Administration Building) into 3 classrooms. Since this is still under consideration as part of a project feasibility assessment by Church Council more information is not known at this time; C. NHLC School continues to operate a successful child care service program (ages 2-5) which remain in high demand by the surrounding community. A separate letter is provided with more detail in this area. (3) As part of our campus long-range development planning we are considering / incorporating the terms of the CNB development agreement in that process. Sincerely, Kristina Miller Council President 8